Local & Environmental Nuisance

Frequently Asked Questions

Noise from Trail or motor bikes, is handled by the Police under Section 25 of the Environment Protection Act, General environmental duty

Refer to SAPOL 131 444

I would like to complain about blasting or explosives noise.

Noise (or other nuisance) from blasting operations carried out as part of a mining operation within the meaning of the Mines and Works Inspection Act 1920 or the Mining Act 1971 is regulated by the Department of State Development.

Refer to DSD

Noise from other activities involving explosives in South Australia are regulated under the South Australian Explosives Act 1936, which is administered by Safework SA and can be contacted on 1300 365 255.

I would like to complaint about train noise

This is an activity that has an EPA authorisation. The EPA is currently working with the AUSTRALIAN RAIL TRACK CORPORATION and rail operators in the state to in developing approaches to reduce train noise. If you wish to find out information about the owner or operator of a particular train please call: For freight trains AUSTRALIAN RAIL TRACK CORPORATION LTD Off Sir Donald Bradman Drv Mile End 5031 08 8217 4366 For commuter trains or trams: TRANSPORT SA on 1300 360 067

I would like to complain about the noise from birds in my area

Noise from birds congregating in their own habitat is a matter for DEWNR. There is little that can be done unless the birds are being encouraged to congregate because they are being fed at that location. If this is the case, refer to council compliance officer.

I would like to complain about people generated noise (loud parties, loud music, band practice, loud voices)

If the noise from a domestic premises:

Noise that principally consists of music or voices or both from a domestic premises should be assessed by an attending Police Officer. Refer to SAPOL 131444.

I would like to complain about road traffic and vehicle noise

If the noise is from an individual vehicle being used by a neighbour, firstly discuss it with the neighbour to try and reach a resolution. If unsuccessful contact your local Police station. If noise is from the general traffic flowing along the road or from heavy vehicles using the road contact Transport SA on 1300 799 955

For all complaints the Education Department requests that you discuss the matter with the school principal in the first instance. If this is not successful you may contact the Education Dept on 1800 088 158 or 8226 1000 or email decscustomers@sa.gov.au.

Noise from sporting facilities does not constitute a local nuisance under the Local Nuisance and Litter Control Act 2016. Advice is to contact SAPOL for unruly behaviour or noisy patrons.

Refer SAPOL 131 444

Litter from sporting facilities

Litter from sporting facilities can be managed under the Local Nuisance and Litter Control Act,

Refer to council compliance officer.

Miscellaneous

The source of the nuisance is in my neighbouring council, which council do I call?

Call the council where the nuisance/offence is occurring. Councils can work together to address nuisance issues that affect both council areas if this is the case.

I would like to complain about pigeons (or other animals) causing a nuisance in my area

Whilst native animals congregating in their natural habitat is not considered a nuisance under the Local nuisance and Litter Control Act, pigeons and other animals that are causing a nuisance on buildings and/or are being encouraged to congregate by feeding is considered a local nuisance.

Refer to compliance officer.

The property next to me is derelict, unsightly, poorly maintained – what can I do?

Unsightly conditions can be addressed using the Local Nuisance and Litter Control Act 2016. Refer to council compliance officer.

Smoke, Fire and Burning

When and what can I burn in the open?

In some cases burning is not allowed without a permit from Local Council

Inside Metropolitan and Adelaide townships

Preparation of food or beverage – no permit required

Use of a brazier, chimnea, fire pit for heating outdoor area – no permit but only charcoal is allowed

Disposal of agricultural and forestry waste – by individual permit or general notice

Burning off for bushfire hazard reduction – by individual permit or general notice

NB – written consent or general notice is issued by the council (or in some cases the EPA)

Outside metropolitan townships

Preparation of food or beverage – no permit required

Use of a brazier, chimnea, fire pit for heating outdoor area – no permit required, charcoal or dry timber allowed.

Disposal of agricultural and forestry waste – no permit required but burning must be in accordance with the CFS Code of Practice for Broad Acre Burning 2015

Burning off for bushfire hazard reduction – no permit required but burning must be in accordance with the CFS Code of Practice for Broad Acre Burning 2015

NB – written consent or general notice is issued by the council (or in some cases the EPA)

Why do I need a permit to burn in the open?

While activities such as burn offs are necessary and recreational fires for cooking and comfort are desirable, smoke form these activities can impact on human health and the environment can also cause nuisance. Wood smoke contributes to poor air quality. The controls on burning in the open aim to minimise the impacts on human health and the quality of the air in South Australia.

What is the fine if I am caught burning without a permit when one is required?

If you burn without a permit when one is required, you may be fined by Council compliance staff or the Police, $300, under section 34 of the Environment Protection Act 1993.

If you have a link on your own council website, advise caller of this.

How much does the Dob in a litterer app cost?

The app is available for free from the iTunes store or the Google Play Store.

Search for ‘Dob in a litterer’

Litter from businesses

Litter from takeaway food venues can be managed by advising the business that they are required to maintain an area of 100m from their premises free of their own litter (through an abatement notice).

Refer to Council compliance officer.

Water pollution

Mobile dog and Car washing in the street – is this allowed?

Unless the run off water is contained, this is not allowed and may attract a fine. Chemicals in the detergents are considered hazardous to the receiving waters and should be contained. If you are washing your car with no detergent, it is still recommended that all run-off water be contained. Ideally, cars should be washed on an surface that will allow the water to soak in (such as a grassed or gravelled area)

Under the Local Nuisance and Litter Control Act, liquid waste discharges are considered to be a litter and can attract a fine of up to a $1000 if over 50L is discharged or $210 if less than 50L is discharged.

Refer to council compliance officer.

Vehicles and transport

Noise from vehicles on roads

Noise from vehicles on roads is not a matter that council can assist with.

For individual known vehicles Refer to SAPOL

For general traffic noise refer to Department of Transport, Infrastructure and Planning.

Noise from vehicles in driveways or on domestic premises

The advice is to firstly discuss it with the neighbour to try and reach a resolution. If unsuccessful, engine noise from car, boats, motorbikes or other vehicles in driveways or in sheds is a matter for SAPOL 131 444

Noise from vehicles entering and exiting a business or moving around on a business premises.

If the site is operating under an EPA licence, refer to the EPA.

If the site is not operating under an EPA licence then refer to council compliance officer.

http://epa/sa/gov/au/licence_search

A mobile food truck is noisy and leaves litter behind

Mobile food trucks are considered a vehicle and/or a premises and are subject to the provisions under the Local Nuisance and Litter Control Act 2016.

Refer to council compliance officer.

Construction

A construction site is really noisy/dusty/there is a lot of mud or litter on the street.

Building and construction activities must comply with the conditions applied to the Building or Planning approval – these conditions can relate to the management of noise, dust and litter on the site.

Council compliance officers can use Local Nuisance and Litter Control Act 2016 can be used to require measures to be taken to minimise the nuisance arising from noisy/dusty and ‘messy’ construction sites.

Refer to council compliance officer.

I need to do some construction work out of hours, do I need any approvals for this?

Yes, if you are intending on undertaking an activity that will or is likely to cause a nuisance in the form of noise, dust or odour, you will need to apply for an exemption from the provisions of the Local Nuisance and Litter Control Act 2016.

You will need to apply to the Council for an exemption.

Refer to Council compliance officer.

Reference Guides

Dust and Aerosol nuisance

All commercial, industrial, state or other premise which operate with EPA environmental authorisation

Noise from Vehicles and Transport activities

Only noise from motor vehicles operating within any commercial, industrial, state or other premise which operate with EPA environmental authorisation. All other motor vehicle noise is dealt with by other authorities refer other sections